AUSTIn;. TEXA& TT8911
August 28, 1970
Honorable Preston Smith Opinion No. M-670
Governor of Texas
Capitol Station -_ _ Re: Authority of the office of
Austin, Texas 78'r11 Uovernor to provide direct
planning assistance through
Its own staff to Texas
Dear Governor Smith: communities.
Your request for an opinion asked the following question:
"Is It legal for the office of the Governor
to provide direct plannfng assistance, through its
own staff, to Texas communities ?"
The authority of the Governor or his designated rep-
resenfative to arrange planning assfstance to Texas communities
is governed by the provisions of House Bill Number 1219, Acts
of the 61st Legislature, Regular Session, 1969 being Ch. 429,
P. 1449, and codified by Vernon's as Article 12A9L-2.1, Vernon's
Civil Statutes) which provides, in its relevant part, as follows:
"Section 1. The governor or his designated
representative Is hereby authorized, upon request
to (of) the governing body of any political sub-
division or the authorized agency of any group of
political subdivisions:
(a) t o arrange planning assistance (including
surveys, communits renewal Dlans. technical services,
and other planning work) anb to &range for the making
of a study or report upon any planning problem of any
such political subdivision or political subdivisions
submitted to the overnor or his representative;
(b) to agrez with such governing body, or the
agency of such governfng bodies as to the amount, if
any, to be paid to the governor's office for such
service; and
pply for and accept grants from the
to a
overnment or other sources in connection
with any such assistance, study or report, and to
contract wfth respect thereto. The regularfunctions
-3197-
. .
Honorable Preston Smith, page 2 (M-670)
of the office of the governor or other state
agencies may be utilized In this program.
“Section 2. All property, records, and person-
nel used by the Skate Department of Health in ad-
ministering such programs for planning assistance
as are authorized In this Act are transferred to
the governor”s office.” (Emphasis added.)
It is our opinion that Article 126%~2.1, Vertion’s
Civil Statutes, does allow the Governor or his designated rep-
resentative to provide direct planning assistance to Texas com-
munities. The Emergency Clause of the above bill emghasfzes as
a justification “the fact that the governor, by statute, is the
Chief Planning Officer of the State of Texas, and as such is
charged with responslbl;ity for coordinating state, regional,
and local plans. . . .
The question arfses over the Interpretation of the word
!‘ar’+ange ” as used in the statute, and whether the Intent was for
the Governor to arrange for others to perform the planning, or
whether the intent was to au-e the Governor to arrange for
such services by use of his own staff. The word “arrange as
used Is ambiguous and subject to construction. The statute
should be given a liberal construction to carry out its evident
humanitarian and governmental purpose, which was to vest in the
Governor the responsibility and duty of Initiating such action
as Is proper and necessary to bring about the planning assistance
required by the Texas communities. Rather than confining the
Governor’s office to merely arranging with others to perform
specific planning on behalf of the cities, the Legislature, under
our interpretation of the statute as a whole, authorizes the
Governor’s office to provide the direct planning assistance to
the Texas communities by the use of his staff. This is further
evidenced by the transfer of property, records and personnel of
the State Department of Health in administering such programs
for planning assistance to the Governor’s office, as provided fn
Section 2 of the Act under consideration.
Growth trends and population shifts of recent years
have Indicated a vital need for city, local and regional planning
and have created additional federal and state cooperative interest
in this field. Financial lfmitatlons, however, prevent many
communities from entering a planning program which would eventually
be practical and economically feasfble. Apparently the legfslature
had these needs in mind when the subject legislation was passed,
and contemplated that the Governor’s office would admfnfster
-3198-
.’ .
Honorable Preston Smith, page 3 (M-670)
assistance to all local governments as needed with an impartial
and just eye to all. In 27 Tex.Jur.2d 209, Governor, #, we find
the following:
'The constitution specifically requires him
to cause the laws to be falthfullv executed. and
It Is assumed by the.courts that the governor will
seek the public good in discharging his office?
IE h 1 dd d ) Citl Conley v. Daught ers of
th~PR~~&&,eli)6 Tex. $?, 15b S.W. l97.(1913)(e mphasis supplied.
Further:
"The welfare of the state and the purpose for
which the powers were granted must be given primary
consideration In the construction of the various
statutes relating to powers, . . .' 81 C.J.S. 978,
States, Section 58.
Words of statutes are generally construed so as to
support the purpose for which the legislation was created.
'Uncertain or ambiguous words will be construed
so as, if possible, to produce a reasonable result
in harmony with the purpose of th e ac .~ 82CJS
b52, Statutes, Section 329. (Emphasis supp1ied.j '
It is our opinion that the legislature intended, with
the passage of the subject article, to give the governor the means
to provide direct assistance to city planning by use of his staff
in such manner as the need determines, realizing that the extent
of such program will be controlled by the legislative appropriation
for that purpose.
SUMMARY
Article 126gL-2.1, V.C.S., authorizes the
governor to use his staff to provide direct planning
assistance to Texas communities as needed.
Veryctruly yours,
General of Texas
Prepared by Melvin E. Corley
Assistant Attorney General
-3199-
. . .
Honorable Preston Smith, page 4 (M-670)
APPROVED:
OPINIONCOMMITTEE
Kerns Taylor, Chairman
W. E. Allen, Co-Chairman
Lehman Marks
Gordon Case
Terry Goodman
Scott Garrison
MEADEF. GRIFFIN
Staff Legal Assistant
ALFREDWALKER
Executive Assistant
NOLAWHITE
First Assistant
-3200-